CH 1 - Edit Version 112022 Regular

Chapter 1
Initiative of Product Safety

Any products that are intended for consumers or reasonably likely to be used
by them are required to be safe. The safety of products not only influents public daily
life but also affects industrial production. If a product is not safe, it can cause serious
and often life-threatening injuries. Manufacturers must take action to protect
consumers, ensuring all products are safe. The product safety concept reflects the
attitude of people to product safety and is reflected in product liability system.
1.1 Evolution of Product Safety and Product Liability Laws
In the early part of the Industrial Revolution, there really was no product
safety. During this same time period came the rise of electrical technology. In 1893,
Chicago World’s Fair was held which was an important historical event for safety.
The fair’s insurers, worried about the likelihood of fire, hired William Henry Merrill
to form a team and to do an engineering evaluation of the safety of the electrical
equipment that was being installed. The first technical standards that were written for
electrical product safety. Once standards for electrical equipment came about, the
need for additional standards for other types of products with prevalent dangers.1
The most important consideration, however, is that the products available to
consume are safe and not a danger to the health of consumers. Accidents can happen
as a result of unsafe products. The safety of the products of modern law is about to
reduce accidents in the home that can be prevented. Product safety systems are
designed to prevent dangerous products from reaching the market or the consumer, as
1
Erin Earley, Product Safety and Liability: A Historical Overview, In Compliance, part of Same Page
Publishing, is a multi-media entity and proudly a woman-owned business, 2021.
2
well as informing the user how to use the products safely, as intended. The need to
regulate the safety of products is no longer a source of controversy. It should be the
primary goal of any policy to protect the consumer.2
When a product has caused loss, personal injury or death, product liability law
addresses issues of who is liable and what defences are available to the producer. The
aim of product liability law is to compensate those who have suffered, and sometimes
even to punish those who have caused the harm. It is also meant to be a deterrent to
prevent producers from selling or supplying defective products as they will have to
face legal claims which can ruin their brand reputation, as well as causing them
enormous losses if they are faced with a large group of affected consumers all
claiming together in a “class action” or other collective lawsuit.3
Before the modern product liability laws came about, the consumer was at a
disadvantage because the only causes of action available were based on contract law
or the law of negligence (tort)4 as Private Law remedies (for example through contract
or tort law), supported by the fact-finding processes and enforcement mechanisms
available through the court system, can provide a second incentive mechanism for
product suppliers mostly again for products associated with high-probability risks, but
usually only for those generating major harm. Even then, this indirect incentive effect
is often diminished by issues of ‘access to justice’, especially for individual
consumer.5
Modern product liability laws increasingly impose a strict liability regime,
which means that the claimant does not have to prove that the producer is at fault. All
that needs to be proved is that the product has a safety “defect” and that defect caused
the loss or injury.6
In the U.S. and Canada, there’s a reliance on tort law as the basis for product
liability. Manufacturers have an obligation to provide safe products and to warn
people about any hazards related to the product. The statement in U.S. liability law,
and also typically if a case is brought in Canada, is that the manufacturer of the
product is guilty and has to prove that they did everything necessary to provide a safe
2
Luke Nottage & Jeannie Paterson, Consumer Contracts and Product Safety Law in Southeast Asia,
2017, p-5.
3
UNCTAD, Product Safety and Labelling, 2016, p-14.
4
Ibid, p-15.
5
Luke Nottage, ASEAN Consumer Product Safety Law: Fragmented Regulation and Emergent
Product Liability Regimes in Southeast Asia, the University of Sydney Law School, 2020, p-4.
6
https://incompliancemag.com/article/product-safety-and-liability-a-historical-overview/.
3
product. That includes warnings, user instructions, and other elements. Today, that
continues to be the basic concept in product liability, that the burden lies on the
manufacturer to prove that they did everything possible to make their product safe. In
Canada, there’s a basic test for causation called the but for test that requires the
plaintiff to show that the injury would not have occurred but for some negligence on
the part of the manufacturer; it’s up to the court to decide whether that statement is
true and whether the manufacturer did everything that was necessary. Normally,
there’s never a zero-liability situation for the manufacturer in either Canadian or U.S.
law.7
The US led the way in developing strict product liability. In 1964, Section
402A of the Second Restatement was adopted and provided that:
(1) One who sells any product in a defective condition unreasonably dangerous to the
user or consumer or to his property is subject to liability for physical harm thereby
caused to the ultimate user or consumer, or to his property, if
(a) the seller is engaged in the business of selling such a product, and
(b) it is expected to and does reach the user or consumer without substantial change in
the condition in which it is sold.
(2) The rule stated in Subsection (1) applies although
(a) the seller has exercised all possible care in the preparation and sale of his product,
and
(b) the user or consumer has not bought the product from or entered into any
contractual relation with the seller.
In 1985, the European Commission adopted Council Directive 1985/374/EEC,
the basic rule of the Directive is that product producers are liable for damages caused
by a defect in their products. The term "producer" is fairly broad and includes
importers and "suppliers" (e.g., distributors), although the latter may avoid liability if
they can identify "within a reasonable period of time" to the consumer who the actual
producer is.8
Article 1 proclaims that the producer shall be liable for damage caused by a
defect in his product." Article 6 goes on to define a defect:
7
https://incompliancemag.com/article/product-safety-and-liability-a-historical-overview/.
8
Andrew C. Spacone, Strict Liability in the European Union - Not a United States Analog, Roger
Williams University Law,2000, p-351.
4
1. A product is defective when it does not provide the safety which a person is
entitled to expect, taking all circumstances into account, including
(a) the presentation of the product;
(b) the use to which it could reasonably be expected that the product would be put;
(c) the time when the product was put into circulation.
The EU had been alert about introducing a US-style regime because of the
impact US strict product liability law was perceived as having on high-risk innovative
industries. Therefore, the Commission was placed under pressure to include a
defence, inter alia, if "the state of scientific and technical knowledge at the time when
he put the product into circulation was not such as to enable the existence of the
defect to be discovered".9
It can therefore be argued that the US product liability law is now more pro-
defendant/pro-business than EU law. As a result, one might have expected it to be
adopted as the international model as governments nowadays tend to prefer business
friendly solutions. Where Asian countries have reformed their laws the EC Directive
1985 has been influential. This influence is reflected in the reforms made in five
ASEAN Countries" as well as Korea and Japan.10
In other ASEAN countries, there is still no general safety requirement as in
Malaysia or even Singapore's recent approximation. Indeed, the general consumer
affairs regulators typically have very limited jurisdiction to set minimum safety
standards even for specific goods (such as foods). Instead, those powers are reserved
for other, usually longer-established and better-resourced government departments.
They may also be more concerned to promote the regulated industries' immediate
economic interests than the more diffuse interests associated with consumer
protection.11
Such limited powers for most general consumer regulators in Southeast Asia
also sit awkwardly with their typically more wide-ranging powers to implement post-
market controls to ensure the safety of consumer products, for example by banning
goods found to be unsafe or forcing a recall. General consumer regulators can usually
intervene at this stage either with or without cooperation from any relevant national
9
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon,2016, p-58.
10
Ibid.
11
Winyuchon, 2016, p-7.
5
sectoral regulators. However, where general bans or recalls of unsafe foods etc.
remain the responsibility of specialist regulators. In addition, Brunei still lacks
framework consumer product safety legislation altogether.12
A further regulatory gap across ASEAN countries is that there is no
requirement for suppliers to notify their national consumer regulators even if
conducting a voluntary product recall (as required, for example, in Australia since
1986), let alone if they become aware of a serious product-related accident (as in
Australia since 2010, following the EU in 2001). The closest provision is under
Vietnamese legislation, requiring specific public notices of recalls if suppliers learn of
defects.13
This gap limits the capacity of ASEAN regulators to accurately analyze injury
risk data and then actually use what powers are legislated for them. It also restricts the
The usefulness of the ASEAN Committee's 'Product Alerts' webpage, compared to the
EU's extensive Rapid Alert System for dangerous products 'RAPEX' database, as well
as making it harder to develop Recall Guidelines.14
Lastly, ASEAN countries have also been encouraged to reform private law
mechanisms that indirectly encourage suppliers to improve product safety, and
promise fuller compensation to injured consumers. Sometimes following EU
consumer contract law, for example on unfair terms, most now have legislation
limiting the scope for direct sellers to avoid contractual liability to consumers.
Upstream suppliers or manufacturers may still be permitted to seek to limit their own
liability for compensation claims from such sellers, but the latter are then incentivized
to source safer products from other suppliers.15
In addition, many ASEAN countries now allow consumers to bring statutory
tort claims directly against manufacturers, importers and certain others in the supply
chain providing unsafe products, even in the absence of a contractual relationship.
Indonesia’s 1999 Consumer Protection Law reversed the usual burden of proof, so
that the manufacturer has to prove that it was not negligent in supplying a product that
harms a consumer. Five other countries have gone the next step of imposing EU-like
12
13
14
15
6
strict product liability. Indeed, these five statutes often go further than the EU law in
terms of the substantive rights given to consumers, even compared to other countries
in the broader Asia-Pacific region that have also enacted strict liability regimes 16:
The Significant of some Statute are different from the the1985 European
Directive such as;
- Consumer Act of Philippines, 1991 which is only for unsafe 'consumer'
(purpose) goods, but also services; some intermediate suppliers liable as well; no
'development risks' defense; manufacturer must prove goods were safe.
- Trade Practices Act of Australia, 1992 (renamed Australian Consumer Law in
2010) defined that one regime is similar to EU, and another extends consequential
loss claims for non-consumer property (as in Malaysia)
- Product Quality Act of China, which aim to consumers must prove a causal
link between abnormal performance and harm.
- Product Liability Act of Thailand,1993 provided that consumer need only
prove harm from product used normally (then the manufacturer must prove goods
were safe); up to triple damages; consequential losses also for non-consumer
property; defence if consumer knew the goods were unsafe; no (express)
'development risks' defence; extended limitation period for toxic torts; representative
actions by regulator and certified NGO.
- Protection Law Act of Japan, 1995 means consequential loss to non-consumer
goods; extended limitation period for toxic torts
- Consumer Protection Act of Malaysia, 1999 provided that one regime similar
to the EU (limiting consequential damages to goods ordinarily and actually used for
personal use); but another extending also to consequential loss to non-consumer
goods if the unsafe goods themselves (lacking 'acceptable quality') were ordinarily for
personal use.
- Law on Protection of Consumer Rights of Vietnam, 2010 Consumers may
only need to prove harm from product used normally; representative actions by
certified NGOs.
Year of Country or Statute Significant differences from the
16
7
enactment Jurisdiction the1985 European Directive

(&
enforcement)
1985 European Product
(domestic Union Liability
law by 1988) Directive
1992 Philippines Consumer Only for unsafe 'consumer'
Act (purpose) goods, but also services;
some intermediate suppliers liable
as well; no 'development risks'
defense;
manufacturer must prove goods
were safe
Australia Trade One regime is similar to EU, and
Practices Act another extends consequential loss
(renamed claims for non-consumer property
Australian (as in Malaysia - below):
Consumer representative actions by the
Law in 2010) regulator (ACCC)
1993 New Consumer Only for certain consequential
Zealand Guarantees property loss (personal injury
Act claims are covered instead by a
state no-fault compensation
scheme)
China Product Consumers must prove a causal link
Quality Act between abnormal performance and
harm; double damages
1994 Taiwan Consumer Triple damages for wilful
Protection misconduct; consequential loss to
Act non-consumer goods manufacturers
must prove goods were safe
1995 Japan PL Act Consequential loss to non-consumer
goods; extended limitation period
8
for toxic torts

1999 Indonesia Consumer Reversed burden of proof of
Protection negligence (not: strict liability); but
Act covering defective services as well
as goods; representative actions by
regulators (for large-scale harm) or
certified consumer NGOs
1999 Malaysia Consumer One regime similar to the EU
Protection (limiting consequential damages to
Act goods ordinarily and actually used
for personal use); but another
extending also to consequential loss
to non-consumer goods if the
unsafe goods themselves (lacking
'acceptable quality') were ordinarily
for personal use
2007 (2011) Cambodia Civil Code Consequential loss also to non-
(Art 751) consumer goods (influenced by
Japanese law)
2008(2009) Thailand Product Consumer need only prove harm
Liability Act from product used normally (then
manufacturer must prove goods
were safe); up to triple damages;
consequential losses also for non-
consumer property: defence if
consumer knew the goods were
unsafe; no (express) 'development
risks' defence; extended limitation
period for toxic torts; representative
actions by regulator and certified
NGOS
2010 Vietnam Law on Consumer may only need to prove
Protection of harm from product used normally;
Consumer representative actions by certified
9
Rights NGOs
17
Product Liability Law Reform

In 1992, Australia added product liability provisions based on the EC
Directive as Part VA of the Trade Practices Act 1974. These supplemented mandatory
implied statutory warranties of 'merchantable quality' and pre-disclosed fitness for
purpose, extending to manufacturers (from 1986) as well as retailers of consumer
goods. In 2010, this legislation was renamed the Australian Consumer Law, and the
latter were recast as mandatory 'consumer guarantees' of 'acceptable quality (expressly
including 'safety') and fitness for purpose. 18 Australia also added a US-style class
action procedure in the Federal Court of Australia." 19 In the same year, the Philippines
introduced the Consumer Act, the product liability provisions of which were also
based upon the EC Directive. In 1993, the EC Directive was the emerging
international standard in the Region, New Zealand rejected any need for product
liability legislation based on the EU model. However, the Consumer Guarantees Act
was enacted to give consumers additional rights based on statutory consumer
guarantees. 20
During 1993, the People Republic of China (PRC) also enacted two laws
enhancing consumers' rights, the Product Quality and Quantity Law and the
Consumer Rights Protection Law."21 The PRC reformed Consumer Protection Law,
drawing on the EC Directive in 1994.22
The Japanese Product Liability Law of 1994 came into effect in 1995, which is
also based upon provisions of the EC Directive. In 1999, After legislative debate
lasting over a decade, both the Indonesian and the Malaysian parliaments passed
Consumer Protection Acts. The latter statute included strict product liability along the
lines of the EC Directive, as well as statutory consumer guarantees extended to
manufacturers as under New Zealand and Australian consumer law. 23 The Indonesian
legislation did not provide for strict liability if consumers proved a product 'defect'
17
18
Nottage L and Kellam J, Product Liability and Safety Regulation, Sydeny, 2013, p-187.
19
Australia’s Trade Practices Law Journal 165-189/-175.
20
21
Paterson J and Tokeyley K, Consumer Guarantees, Malbon and Nottage, p-97.
22
Liu L, "Taiwan's New Consumer Protection Law" (1994) 22 (10) International Business Lawyer 466.
23
Lim CW and Gill RK, Product Liability in the Asia-Pacific Sydney, 3rd edition, 2009, p -279.
10
caused harm, but did reverse the burden of proof so that the manufacturer had to
establish that it was not negligent in supplying a harmed consumer of goods (or
indeed services). Korea passed its Product Liability Act, again based on the EC
Directive, which came into effect in 2002. Cambodia passed its Law on the Quality
and Safety of Products and Services, although this was focused on product safety
regulation rather than compensation under private law for consumers harmed by
defective goods. In 2003, Australia debated a possible tort law crisis resulting in civil
liability law reform first at state, then federal levels. 24 By contrast, Taiwan added class
action provisions to existing legislation. 25 In 2007, Cambodia enacted a new Civil
Code (in effect from 2011), which included Article 751 providing for strict product
liability (modelled on Japan's Product Liability Law).26
Thailand enacted its Product Liability Act (in effect from 2009), also based on
the EC Directive, as well as the Consumer Case Procedure Act facilitating claims
through regular courts. Vietnam's Law on Quality of Products and Goods (enacted in
2008) came into effect. Vietnam enacted a Consumer Protection Act (in effect from
2011), clarifying EC-style strict product liability and allowing certified consumer
groups to bring representative actions.27
In addition, Brunei (2011) introduced strict liability for misleading conduct.
This may allow consumers to bring claims at least regarding alleged "warning
defects", although claims for design or one-off manufacturing defects remain subject
to proving negligence on the part of the manufacturer.28
The new Consumer Protection Law (Myanmar) 2019 was passed in 2019
which replaces the 2014 version and regulates the rights and obligations of consumers
and producers, mechanisms for resolving disputes between consumers and
entrepreneur, and sets out clear roles and responsibilities of the Consumer Protection
Commission and contains mandatory labeling requirements for goods and refines
Product Labelling Notification 1/2018 and 1/2019 issued by the Central Committee
for Consumer Protection. The provisions require entrepreneurs to provide information
or instruction on the type of the product, size, quantity and net amount, storage
24
Kellam and Nottage, "The Impact of the Civil Liability Legislation on Fundamental Policies and
Principles of the Common Law of Negligence", (2006) 14 (3) Torts Law Journal 268-300.
25
Liu M and Huang CY, Product Liability in the Asia-Pacific Sydney, 3rd edition, 2009, p -435.
26
27
Ahn PTP, "Vietnamese Law on Consumer Protection: Some Points for Traders" ,2013, p-16.
28
Luke R. Nottage & Jeannie Paterson, “Consumer Contracts and Product Safety Law in Southeast
Asia: Partly Trading Up, Cambridge University Press, 2019.
11
guideline, side effects, allergic precaution and warnings of the goods stating either in
Myanmar language or jointly in Myanmar and other languages. In addition, the
accompanying Directive No. (2/2019) on Labeling was issued by the Myanmar
Consumer Protection Commission. The new consumer protection law aims to provide
more protection by ensuring the protection of consumers rights, and take action
against violations of consumer rights. The law will also ensure fair trade and the free
flow of information in the market.29
In 2021, the European Commission (EC) proposed revisions to the 20 years
old General Product Safety Directive (GPSD) by virtue of the General Product Safety
Regulation (GPSR). The GPSR identifies various areas of improvement including
market surveillance, product recalls, cybersecurity, online marketplaces and new
technologies such as connected products and artificial intelligence (AI), most of
which are subject to separate pieces of draft EU legislation which are currently being
considered in parallel to the GPSR.
In Myanmar, a doctrine of privity of contract is lack mean that if a
manufacturer or wholesaler has promised to compensate the retail supplier for
damages arising from unsafe products, the consumer may be able to bring a (strict
liability) contractual claim against the manufacturer or wholesaler. However, court
cases involving such third-party claims have not involved product liability. Not have
cases establishing liability for negligence for harm caused to third parties. Myanmar’s
Consumer Protection Law, 2014 did not even provide for the possibility lawsuits,
either by regulators or certified NGOs. But the new Consumer Protection Law, 2019
provide that the administrative order passed under Section 53 shall not be prohibited
to sue a civil or criminal action.
1.2 Definition of Product Safety
The term “product” is defined to cover all types of movable properties
produced or imported for sale, including agricultural products and electricity, but
excluding certain products as prescribed in the ministerial regulations.
Product safety laws can be further divided into the following two categories: 30
Specific product safety laws that are based on public law, used for controlling the
safety of specific products which relate to the daily lives of consumers. Examples are
laws regarding drugs, foods, and drinks, medical devices. cosmetics and so on.
29
https://asean.org/myanmars-revised-consumer-protection-law-passed/.
30
12
General product safety laws that are public law and used for controlling the safety of
general products which are not covered in the specific product safety laws.
There are many government ministries and private sector organizations that
monitor and implement specific product safety measures in every State. Under the
aegis generally to secure safe products and services.
The mentioned key laws relating to product safety and liability for foods,
drugs, cosmetics, Agriculture Products, Industrial Products and Electronic Products,
etc.
There are also regulations on specific products, such as Food Safety Law of
the People’s Republic of China was promulgated in 2009, and amended in 2015, 2018
and 2021 respectively. The latest revision entered into force in 2021. The Law aims to
ensure food safety and safeguard the physical health and life safety of the public. 31
Article 2 of this Law engaging in (1) Food production and processing (hereinafter
referred to as food production), Food sales and catering services (hereinafter referred
to as food business); (2) Production and operation of food additives; (3) Packaging
materials, containers, detergents, Disinfectants and tools and equipment used in food
production and operation (hereinafter production and operation of food-related
products); (4) The use of food additives, food related products; (5) Storage and
transportation of food; (6) For food, food additives, and food-related products safety
management. In Food Act of Thailand B.E. 2522 (1979), “Food” means edible items
and those which sustain life: (1) Substance can be eat, drunk, sucked or gotten in to
the body either by mouth or by other means, no matter in what form, but not including
medicine, psychotropic substances, narcotic under the law as the case may be. (2)
Substance intended for use or to be used as ingredients in the production or food
including food additive, colouring matter and flavouring: “Controlled foods” means
foods published in the Government Gazette by the Minister as the quality or standard
control food; “Food recipe” means list of substance which is used as ingredients in the
production of food in a specified content. 32 The aim of the Food Act of Thailand B.E.
2522 (1979) is to promote consumer safety through controlling the quality and
standards of foods as well as their packaging. This Act provides for various matters
relative to food safety and hygiene, food production, trade in food, and administration
of these matters’ Safe foods in the context of this legislation means pure and authentic
31
https://www.chinajusticeobserver.com/a/food-safety-law-of.
32
Section 4, Food Act of Thailand B.E. 2522, 1979.
13
foods which are not against the standards, and which do not contain dangerous
ingredients. This Act also provides those safe foods must be produced and maintained
in hygienic conditions, and must not contain contagious diseases from animals or be
kept in containers/packaging which might harm health.33 Section 2 (a) of the National
Food Law of Myanmar, 1997 describes "food" as "edible things those human beings
can readily eat or drink, ingredients included therein and food additives except for
drugs". It further explains that the expression "food" "includes things determined as
food by the Ministry of Health by notification from time to time". It is clear that these
laws are intended to protect public health and to enhance product safety and liability.
This is evident from the purpose of the laws. The aims of the National Food Law are
"to enable consumption of food of genuine quality, free from danger, to prevent the
public from consuming foods that may cause danger or are injurious to health, to
supervise the production of controlled food systemically and to control and regulate
the production, import, export, storage, distribution and sale of food systematically.34
Drug Administration Law of the People's Republic of China, 2019 Article 1 of
this Law is enacted for the purpose of strengthening drug administration, ensuring the
quality of drugs, safeguarding the drug safety and lawful rights and interests of the
public, and protecting and promoting public health. Article 2 This Law shall apply to
drug development, production, distribution, use and supervision and management
activities within the territory of the People's Republic of China. The term “drugs” as
mentioned in this law refers to substances used for the prevention, treatment and
diagnosis of human diseases, purposefully regulating human physiological functions
and specifying indications or functional indications, usage and dosage, including
traditional Chinese medicines, chemical medicines and biological products Wait.
Article 3 Drug management should center on people's health, adhere to the principles
of risk management, whole-process control, and social co-governance, establish a
scientific and strict supervision and management system, comprehensively improve
the quality of drugs, and ensure the safety, effectiveness, and accessibility of drugs.
Pharmaceutical Administration Law of Thailand, 2001 which applies to the
research, production, trade, use, supervision and management of pharmaceuticals.
Article 1 of this law is formulated to enhance the supervision and control of
pharmaceuticals, ensure their quality, guarantee safety in medication, and safeguard
33
34
Section 3, National Food Law, 1997.
14
the health and legal rights and interests of the people. Article 2 The law shall be
applicable to any units or individuals engaged in research, production, trade, use,
supervision and management of pharmaceuticals within the territory of the People's
Republic of China.
The purpose of the Drug Act of Thailand B.E. 2510 (1967) is to control the
business relating to the production of drugs, the sale of drugs and the import of drugs
for sale in Thailand, and to provide on regulations pharmacists who are responsible
for the sale of dangerous drugs. A safe is a drug that is safe to the user, that complies
with the standards, and which does not deteriorate, unregistered or withdrawn from
registration.35 In addition to the Drug Act B.E. 2510 (1967) and Food Act B.E. 2522
(1979), there are other specific product laws in Thailand, namely, the Medical Device
Act and the Cosmetics Act. These laws are enforced by the Ministry of Public Health.
Cosmetic control in Thailand has been regulated under the Cosmetic Act B.E.
2535 (1992) (“Cosmetic Act 1992”) and has remained unchanged for more than 20
years. Certain provisions of the Cosmetic Act 1992 were, therefore, not in line with
the current situation in the region. Thailand, as a member of Association of Southeast
Asian Nations (“ASEAN”) entered into the Agreement on the ASEAN Harmonized
Cosmetic Regulatory Scheme (“AHCRs”) on 2 September 2003, and is therefore
required to amend the provisions on its current laws on cosmetic control in order to
comply with the AHCRs.
As such, the Ministry of Health is the central ministry that has authority to
declare what kind of foods are regulated by the Law. Further, "drug" is defined in the
National Drug Law. Section 2 (b) of the said Law states that "drug means a substance
for use, whether internal or external, in the diagnosis, prevention and treatment of
disease, birth control or for any beneficial effect in human beings and animals". In
addition, "this expression includes a substance determined as a drug by the relevant
Ministry by notification from time to time."
Furthermore, the Traditional Drug Law provides, in Section 2 (a), that
'traditional drug means a local concoction for use either directly or indirectly, whether
internally or externally, in the diagnosis, prevention and treatment of diseases,
promotion of health or for any beneficial effect in human beings and animals.'
Accordingly, not only the National Drug Law but also the Traditional Drug Law
35
15
legislates for both human beings and animals while the National Food Law only
regulates human beings.
Section 3 of the National Drug Law, 1992 establishes the Myanmar Food and
Drug Board of Authority with the following aims (a) to enable the public to use
genuine quality, safe and effective drugs; (b) to register drugs systematically; (c) to
enable the public to consume genuine quality and safe foods; and (d) to control and
regulate systematically the manufacture, import, export, storage, distribution and sale
of food and drugs." Additionally, the aims of the Traditional Drug Law are: "to
promote and develop traditional medicine and traditional drugs; to enable the public
to consume genuine quality, safe and efficacious traditional drugs; to register
traditional drugs systematically, and to control and regulate systematically the
manufacture of traditional drugs."
In order to establish a sound legal framework to ensure product safety and
liability, the National Food Law, 1997 provides for quality assurance, labelling and
advertisement. Section 18 provides that "a person who produces, imports, exports,
stores, distributes or sells food shall strictly abide by the order, directive and
conditions issued by the relevant Government department or organization or Board of
Authority in respect of quality assurance of food, labelling and advertisement."
Likewise, the provisions for quality assurance and for labelling and advertisement are
contained in Sections 9 and 10 respectively. In particular, Section 9 regulates
pharmaceutical raw materials in respect of quality assurances for drugs. Under the
Traditional Drug Law, traditional drugs that are below standard quality shall be seized
by the direction of the Department of Traditional Medicine.
Under the National Food Law, the Myanmar Food and Drug Board of
Authority has power to determine "good production practices with respect to quality
assurance of food"; to lay down "the policy relating to the inspection, control and
laboratory analysis of food"; and to determine detailed criteria and standards for
food.36 This Board of Authority is chaired by the Minister for the Ministry of Health. 37
The National Drug Law also empowers the Board of Authority to determine "good
practices for quality assurance in respect of the manufacture, clinical tests and
laboratory analyses of the pharmaceutical raw materials or registered drugs and all
36
37
16
matters relating to drugs": to determine and cancel "any type of substance as a drug";
and to stipulate "terms and conditions relating to food". 38 Pursuant to the Traditional
Drug Law, this Board of Authority is also conferred powers to stipulate 'terms and
conditions relating to the quality assurance of the registered traditional drug'; and to
declare 'substances determined as traditional pharmaceutical raw materials. 39
Accordingly, the Board of Authority headed by the Minister for the Ministry of
Health is mainly responsible for ensuring the effective implementation of product
safety, in particular for foods and drugs.
According to the National Food Law, a person who wants to produce
controlled food" shall apply for a licence to the government department or
organisation concerned with the approval of the Department of Health. 40 If a person
wants to produce food other than controlled food, they may apply for a licence to the
relevant department or organisation without needing approval from the Department of
Health. By the National Drug Law, a person who wishes to manufacture, store,
distribute and sell pharmaceutical raw materials or registered drugs shall apply for a
licence. Similarly, "a person desirous of manufacturing a registered traditional drug
shall apply for a licence to the Board of Authority" under the Traditional Drug Law. 41
In order to monitor product safety, the Department of Food and Drug
Administration ("FDA") was formed under the Ministry of Health. The FDA applies a
safety and quality parameters assessment for both local and imported food based on
Codex Alimentarius Commission (a joint FAQ and WHO organization) guidelines.
The FDA notified public and healthcare professionals about counterfeit and
unregistered medicine. In this way, the Department enhances the enforcement of the
law and regulations governing food and drugs, as well as the application of quality
assurance systems and control systems. As has been observed, Myanmar uses its best
efforts to provide efficient and effective mechanisms for product safety and liability.
The FDA is also "to bolster its recent campaign against foods that are not safe for
consumption". It also takes careful consideration on "new food products which are not
safe for health entering the market" for which laboratories Full details.42
38
39
Sections 9 (e) and (g), Traditional Drug Law, 1996.
40
Sections 2 (c) and 9, National Food Law, 1997.
41
Sections 17, Traditional Drug Law, 1996.
42
17
In addition to the above-mentioned laws, the Control of Smoking and

Consumption of Tobacco Product Law (2006) was enacted to protect people from the
danger of tobacco products.
Another organisation which is involved in the implementation of product
safety and product liability is the Union of Myanmar Federation of Chambers of
Commerce and Industry ("UMFCCI") is a forum for dialogue and discussion between
the private sector and government agencies on matters involving international trade.
The Myanmar Agro-based Food deals with product testing services for processed
food export commodities in the Food Industries Development Supporting Laboratory
("FIDSL") in the UMFCCI conformity with HACCP norms beside the ISO standards.
MAFPEA has established premises with Japanese Technical Assistance and it is now
rendering services to all producers and exporters of processed food.
On the other hand, regarding the industry-wide codes or guidelines which are
to be followed by all business organisations are prepared and developed by business
associations founded under the UMFCCI such as the Myanmar Pharmaceutical
Association, Myanmar Fishery Association, and other entrepreneurs' associations. The
government-supported entrepreneurs associations help develop and implement
industry- wise codes and guidelines in order to ensure product safety and product
liability.43
Agricultural Product Quality Safety Law of China, 2006 which applies to
plants, animals, microbes and their products, which are obtained from agricultural
activities. For the purposes of this Law, the quality and safety of agricultural products
mean that the quality of agricultural products meet the requirements for ensuring
human health and safety Article 1 This Law is enacted in order to ensure the quality
and safety of agricultural products, maintain the health of the general public, and
promote the development of agriculture and rural economy. Article 2 For the purposes
of this Law, agricultural products means the primary products from agriculture, i.e.,
the plants, animals, microorganisms and their products obtained in the course of
agricultural activities.
The Agricultural Standard Act of Thailand B.E. 2551 (2008) was enacted
because, at the time it was passed, there was a strategy in place to develop agricultural
products in Thailand in order to meet global standards. However, prior standards for
43
18
agricultural products, both those made in Thailand and imported from overseas, were
not enforced. This caused a reduction in the quality of agricultural products and harm
to consumers. This failure also led to a lack of credibility, which in turn affected
businesses dealing with agricultural products in Thailand.
The Ministry of Agriculture and Irrigation is designated as the National Plant
Protection Organization ("NPPO") and it is responsible for issuing phytosanitary and
import certificates for plant products. The Ministry is also responsible for the
inspection of such products and their authorisation to enter the country. The Pesticide
Law,1990 calls for the formation of the Registration Board under the guidance of the
Myanmar Department of Agriculture. The Board's role is to test pesticides' or active
ingredients' labelling claims as well as their bio-efficacy on the crops. For pesticide
residue on food, a Pesticide Analytical Laboratory under MOA has been legally
recognised and is carrying out activities related to residue survey and International
Development has provided technical assistance in the field of Phytosanitary
monitoring in agricultural food commodities.
The Pesticide Law (1990), in relation to product liability, provides that any
person who, without a permit or license, imports or exports the pesticide or toxic
substances, engages in an enterprise compounding and selling pesticide or toxic
substances, engages in an enterprise selling repacked prepared mixtures of pesticide
imported into the country, sells pesticide or toxic substances and employs children of
16 years and under, pregnant women, or nursing mothers in handling or in the use of
pesticide, shall be liable to punishment.
In order to ensure safety in the use of fertilizer in agricultural sectors, the
Fertilizer Law was enacted in 2002. This Law prohibits the compounding, mixing,
repackaging or storing of fertilizer for commercial purposes without a license; the
production, importation or exportation of fertilizer for commercial purposes without a
registration certificate; the sale of fake fertilizer or fertilizer not in conformity with
original specifications; and the sale of fertilizer mixed with toxic substances.
Special Equipment Safety Law of China, 2013 which applies to boilers,
pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting
machinery, passenger ropeways, large-scale amusement devices, and non-road motor
vehicles, among others. Article 1 This law is formulated to strengthen safety of
special equipment, prevent special equipment accidents, protect personal and property
safety, and promote social and economic development. Article 2 Special equipment
19
production (including design, manufacture, installation, alteration and repair)

operation, service, inspection and test as well as special equipment safety supervision
and administration shall be subject to this law. As used in this law, the term “special
equipment” refers to boilers, pressure vessels (including gas cylinders), pressure
pipelines, elevators, lifting appliances, passenger ropeways, large-scale amusement
devices and field (plant) special purpose motor vehicles which have high risks relating
to safety of human lives and properties as well as other special equipment subject to
this law as stipulated by laws and administrative regulations. The state implements
catalogued management of special equipment. The catalogue for special equipment
shall be drawn up by the department in charge of special equipment safety supervision
and administration of the State Council and submitted to the State Council for
approval before its implementation.44
The Ministry of Industry is responsible for the product safety of industrial
goods and supervises the standards of domestically produced goods as well as
imported goods. There are many existing laws concerned with industry in Myanmar;
the Ministry of Industry implements some of them and some are implemented by
other Ministries.
Article 1 of Electric Power Law of the People's Republic of China, 1995 is
enacted to guarantee and promote the development of the electric power industry, to
safeguard the lawful rights and interests of those who invest in, manage or consume
electric power and to guarantee the safe operation of electric power. Article 2 this
Law shall apply to activities concerning the construction, generation, supply and
consumption of electric power within the territory of the People's Republic of China.
Article 3 The electric power industry should meet the needs of the development of the
national economy and the society and should therefore develop slightly ahead of the
other sectors of the economy. The State encourages and provides guidance to lawful
investment in the development of power resources and establishment of power-
generating enterprises by economic organizations or individuals at home and abroad.
The principle of "whoever invests, benefits" shall be applied with regard to

investment in the power industry.
44
Honghuan Liu and Xi Zhou, Product liability and safety in China: overview, Thomson Reuters
Practical Law, 2018, p-5.
20
The Ministry of Electric Power carries out measures for the product safety of
electrical products and electronics. The Ministry lays down policies, principles and
guidelines for the public to be fully aware of product safety and liability. Regarding
product quality and norm specifications, the importers, producers and sellers of
electrical appliances shall abide by the quality and norm specifications contained in
the international conventions and regional conventions signed by the government of
the Republic of the Union of Myanmar and in the rules, regulations, by-laws and
procedures issued under the Electricity Law (2014). The Ministry shall issue required
norms and inspection methods for electricity-related work. 45 The Republic of the
Union of Myanmar is trying to develop its industrial.
Thailand
From a civil law perspective, product safety laws or regulations are public law.
From economic perspective, the main objective of product safety laws is a social
objective. That is, product safety laws are a preventive measure keeping unsafe
products away from the goods and services markets. Specific Product safety Laws are
Drug Act, Food Act, Cosmetic Act, Medical Device Act. General Product Safety Act
are the Industrial Standard Act, the Consumer Protection Act and the Agricultural
Standard Act. Important Product Safety Laws in Thailand which are directly related to
the daily lives of consumers can be outlined as follows;
There shall be a Committee called the “Drug Committee” under Section 6
consisting of the Permanent Secretary of the Ministry of Public Health as
Chairperson. The Committee shall have the duty to submit recommendations and
opinions on: (1) the licensing of the production or sale of drugs, or importation or
order of drugs into the Kingdom, and the registration of drug formulas; (2) the
suspension, revocation of a licence or revocation of register of drug formulas; (3) the
prescription of the rules, procedures and conditions concerning the production or sale
of drugs, importation or order of drugs into the Kingdom, importation of drugs as
sample for examination, and the inspection of the premises of production or sale of
drugs, importation or order into the Kingdom and storage of drugs; etc. No person
shall produce or sell a modern or traditional drug or import or order a modern drug in
45
21
to the Kingdom, unless he or she has obtained a licence from the licensing authority.
A licensee to produce or import or order drugs, who wishes to produce, or import or
order into the Kingdom of modern drugs or traditional drugs, is required first to apply
to the competent official for registration of the formulas thereof. Section 91 provides
for the powers of a competent official, including: (1) to inspect for the compliance
with this act; (2) to take reasonable quantities of drugs as samples for testing or
analysis; etc. The Act further provides for duties of licensees, duties of pharmacists,
first class practitioners of modern arts of healing in the branch of medicine, dentistry,
midwifery of nursing, or veterinary practitioners, labeling and packing, the
advertisement for the sale of drugs, offences and penalties, etc.46
There are three general product safety laws in Thailand, as follows: the
Industrial Product Standard Act of B.E. 2511 (1968) established the Thai Industrial
Standard Institute (TISI) to act as the national standards body of Thailand. TISI is
charged with developing mandatory and voluntary national standards; monitoring the
quality of products and services in line with published requirements and international
practices; providing product certification services; cooperation with foreign
standardization organizations; and promoting and developing national standardization
activities.47
The Act also established a licensing regime for manufacturers and importers
of products in respect of which a mandatory standard has been published. Penalties
involving fines and/or imprisonment apply for those who manufacture or import
products without a required license or who otherwise breach the licensing rules and
requirements. In addition, the Act imposes criminal liability on any person who
advertises, sells or has for sale any product knowing that it does not conform to the
requirements of the Act.48
The Office of the Consumer Protection Board (OCPB) was established OCPB
to protect and enforce those rights under the Consumer Protection Act of B.E. 2522
(1979) (as amended in 1998). These general rights are given concrete under this Act.
It creates several statutory rights for consumers and provides for the expression
through provisions in the Act relating to advertising, labelling and contracts. The Act
46
https://leap.unep.org/countries/th/national-legislation/drugs-act-be-2510.
47
Henderson A and Srangsomong S, Thailand in Kellam, Product Safety and Product Liability Laws
in Asia Pacfic, 2009, p-461.
48
Ibid, p-462.
22
requires that the ICPB establish three specialist committees to be responsible for
overseeing and enforcing the law in each of those three areas.49
For product safety, Section 36 paragraph 1 of the Act empowers the OCPB to
order testing on any goods which it suspects may be harmful to consumers and, if
appropriate, to prohibit the sale of any goods. Thus, indirectly, the Consumer
Protection Act B.E. 2522 allows for the quality control of thousands of products that
are not overseen by the standards established in the Industrial Standard Act of B.E.
2511.
However, the enforcement of Section 36 is too slow to protect consumers from
unsafe products. This problem is highlighted by a case involving a scientific blowing
balloon. The OCPB demanded in 1992 that scientific blowing balloons were not to be
old for a temporary period, as there were many complaints of addictive reactions from
children. Additionally, the scientific blowing balloons had a scent of thinner, thus
causing anxiety to anyone who stopped blowing or chewing them. The OCPB
forwarded he products for examination by the Department of Science Services in the
Ministry of science and Technology and the Department of Medical Science in
Ministry of Public Health, and to check whether the product contained ethyl acetate.
They found that the scientific blowing balloons consisted of thinner and ethyl acetate
and that the colour of the product was not coloring matter in food. As such, it was
deemed harmful to health, with the possibility of death resulting from use. In
response, the OCPB demanded that 11 sellers permanently stop selling the scientific
blowing balloons from 2005 onwards, 3 years after the initial temporary order.
However, despite the order to stop on an ongoing basis, these blowing balloons can
still easily be found at flea markets, booths and tourist attractions. This case study
clearly shows the weaknesses and the lack of efficient enforcement in relation to
product safety under this Act.
Moreover, it undermined Thailand's ability to compete with other countries,
damaging Thailand's overall economic situation. Consequently, this legislation was
enacted for the purpose of imposing standards of inspection and approval for
agricultural products, thereby encouraging such products to be in compliance with the
required standards. This legislative reform was also undertaken in order to ensure that
Thailand complied with its international obligations.
49
Henderson A and Srangsomong S, Thailand in Kellam, Product Safety and Product Liability Laws
in Asia Pacfic, 2009, p-466.
23
China
Articles 26 to 32 of the Product Quality Law of China set out regulations for
product safety. Government departments also issue national and industry standards
related to product safety, including the National Food Safety Standards, Organic
Product Standards and the Pharmacopeia of China. General regulators of product
safety include state product quality supervision and administration departments
contain the General Administration of Quality Supervision, Inspection and Quarantine
for central government and Regional product quality supervision and administration
departments. Main functions include to supervise and administer quality of
commodities and the safety of food in circulation; punish illegal activities in
production of counterfeit and substandard commodities (see Notice of the General
Office of the State Council on Issuing the Provisions on the Main Functions, Internal
Bodies and Staffing of the General Administration of Quality Supervision, Inspection
and Quarantine. Industry and commerce administration departments, including State
Administration for Industry and Commerce for central government and regional
industry and commerce administration departments. Main functions include to:
supervise product quality and safety; punish illegal activities related to product
quality, inspect conduct health quarantine on exit-entry commodities. There are
specific government departments responsible for administration for some specific
products such as China Food and Drug Administration and regional food and drug
supervision and administration departments for food and drugs, Ministry of
Agriculture and regional agriculture administration departments for pesticides. 50
1.3 Classification of Products and Harmonized System of Products

A product is an item offered for sale. A product can be a service or an item. It
can be physical or virtual or cyber form. Every product is made at a cost and each is
sold at a price. Marketers consider goods primarily in terms of whom they are being
targeted. They classify goods based on whether they are consumer goods or industrial
goods. Products can be classified by the HS (Harmonized System) or product code
which is used by customs officers worldwide to categorize products.
1. Classification of Products
50
Honghuan Liu and Xi Zhou, Product liability and safety in China: overview, Thomson Reuters
Practical Law, 2018, p-6.
24
Generally, products are classified into two types;

- Consumer Products (convenience products, shopping products, specialty
products, unsought products).
- Industrial Products (capital goods, raw materials, component parts, major
equipment, accessory equipment, operating supplies, and services).
(a) Consumer Products
Consumer products are those which are bought by consumers for ultimate
consumption and not for resale. These goods can be further classified based on how
consumers buy them. Consumer products include convenience products, shopping
products, specialty products, and unsought products.51
(i) Convenience Products
The term ‘convenient’ means ‘involving little trouble or effort. So
convenience products refer to those that require little trouble or effort to purchase.
They are both easy to access and frequently purchased. Examples include food, drink,
laundry detergent, toilet paper, deodorant, and toothpaste. These goods are all easily
available from the local supermarket and consumers purchase them on a daily,
weekly, or monthly basis. Hence why they are known as convenience products.52
(ii) Shopping Products
Shopping goods contrast with convenience products in the fact that they are
brought less frequently and are not so easily available. Consumers take more time to
decide on what to buy and take a more deliberate effort before making a decision.
Such examples include furniture, clothing, video games, mobile phones, fridges, and
other white goods. These are not so easily accessible as convenience goods such as
fruit, vegetables, and cereals. Nor are they so frequently purchased. Therefore, the
consumer takes more time in deciding.53
(iii) Specialty Products
Specialty products are goods that consumers do not take long when deciding
to purchase. They have unique characteristics like being rare, or being an original
design, so are largely incomparable to other products. For example, speciality
products include: sports cars, rare paintings, high-spec laptops, rare ornaments, or
designer clothing.54
51
CFI Team, Consumer Products Article, 2022.
52
https://boycewire.com/consumer-goods-definition-types-and-examples/#Types-of-Consumer-Goods.
53
54
Ibid.
25
(iv) Unsought Products

Unsought products can range from new innovations to old goods. They are
simply goods that consumers do not know about or would think to buy. Equally, they
are not necessarily goods that the consumer would want to buy. Unsought products
often offer no direct benefit at the time of purchase. For example, insurance is an
unsought good. Yet few consumers actually want to buy insurance, but do so in order
to reduce their risk.55
(b) Industrial Products
Industrial products are those intended for use in making other products or
operating a business or institution. Thus, industrial products are differentiated from
consumer products based on their ultimate use. The types of Industrial goods are raw
materials, component parts, major equipment, accessory equipment, operating
supplies, and services.
Industrial goods are those purchased by organizations for use either in other
products or in their operations. Manufacturers, commercial businesses, non-profit
institutions, and government agencies buy industrial goods. Industrial goods can be
classified into raw materials, component parts, major equipment, accessory
equipment, operating supplies, and services If a consumer buys an air conditioner for
use at home, the air conditioner is a consumer product. If the same consumer buys the
same air conditioner for use in his factory, it is an industrial product. Industrial goods
can be classified into;
(ii) Capital goods

Capital goods are industrial products that are directly used in production.
Capital goods consist of installations and accessory equipment. Buildings, plants, and
machinery are examples of installations.56
(ii) Raw Materials
These are industrial goods that will be used in the making of other products.
Included in this category are natural resources such as forest products, minerals,
55
56
https://www.iedunote.com/types-of-products.
26
water, oceanic products, and agricultural products and livestock. In most instances,
raw materials lose their individual identities when used in the final product.57
(iii) Component Parts
Unlike raw materials, parts usually have been processed before being used in
the finished product. Although they may not be visible, parts are left intact and
assembled into the total product.58
(v) Major Equipment
This category comprises industrial products used to make, process, or sell
other goods. These include machinery, typewriters, computers, automobiles, tractors,
engines, and so on. Normally, they are relatively expensive and have a useful life over
one year. Major equipment is not limited solely to the production process. It is found
in wholesale (e.g., forklifts) and retail (e.g., cash registers) operations.59
(vi) Accessory Equipment
This equipment includes industrial products used to facilitate the production
process or middleman sales. It does not become part of the finished product but aids
in the overall production or selling effort. Accessory equipment would include tools,
shelving, and many other products that tend to have a lower cost and shorter life than
major equipment.60
(vii) Operating Supplies
Supplies include operating supplies like office stationery, repair, and
maintenance items. Supplies can be treated as convenience products of the industrial
market as they are purchased with minimal effort. These are products that are
incidental to the production or selling functions. Included in this category are low cost
and quickly (within one year) used up in the company’s operations. Pencils, papers,
lubricating oils, cash register, tape, and maintenance and repair items are included. 61
(viii) Services
Business services include maintenance and repair services, factory premise
cleaning, office equipment repair, and business consultancy services. These services
are generally provided through contracts by small producers and manufacturers of the
original equipment. Services normally should not be considered as a separate product
57
Ibid.
58
Ibid.
59
60
61
Ibid..
27
classification. Depending on the particular service, they are either consumer or

industrial goods.62
2. Harmonized System of Products
The products are exported and imported in trading. Products can be easily
identified by checking up the Product Codes set by each country which is indirectly
supported for product safety.
The World Customs Organization's Harmonized System (HS) uses code
numbers to define products.63 The Harmonized Commodity Description and Coding
System commonly known as the Harmonized System or the HS is an international
nomenclature for the classification of goods. The HS is a multipurpose goods
nomenclature used only as a basis for Customs tariff and compilation of international
trade statistics but also for a variety of purposes including international trade
negotiations, determination of the origin of the goods, monitoring of controlled goods
(e.g., hazardous, wastes, narcotics, chemical weapons, ozone layer depleting
substances, endangered species) etc.64 Harmonized System has changed every 5 years
due to the environmental and social issues, technology progress, changes of trade
patterns and new innovations. Even though Harmonized System 2022 comes 5 years
after the appearance of the Customs Tariff 2017, the Myanmar Customs Tariff 2017 is
still used. Myanmar implemented the HS since 1992. The Harmonized System
comprises 98 Chapters and arranged in 21 Sections. The products can be classified by
the following HS code.
Section Chapters Section title
I 1 to 5 Live animals; animal products
II 6 to 14 Vegetable products
III 15 Animal or vegetable fats and oils and their cleavage products;
prepared edible fats; animal or vegetable waxes
IV 16 to 24 Prepared foodstuffs; beverages, spirits and vinegar; tobacco
and manufactured tobacco substitutes
V 25 to 27 Mineral products
VI 28 to 38 Products of the chemical or allied industries
VII 39 to 40 Plastics and articles thereof; rubber and articles thereof
62
Ibid..
63
https://www.wto.org/english/thewto_e/glossary_e/hs6_e.htm.
64
Customs tariff of Myanmar, 6th edition, 2017.
28
VIII 41 to 43 Raw hides and skins, leather, furskins and articles thereof;
saddlery and harness; travel goods, handbags and similar
containers; articles of animal gut (other than silkworm gut)
IX 44 to 46 Wood and articles of wood; wood charcoal; cork and articles
of cork; manufactures of straw, of esparto or of other plaiting
materials; basket-ware and wickerwork
X 47 to 49 Pulp of wood or of other fibrous cellulosic material;
recovered (waste and scrap) paper or paperboard; paper and
paperboard and articles thereof
XI 50 to 63 Textiles and textile articles
XII 64 to 67 Footwear, headgear, umbrellas, sun umbrellas, walking-sticks,
seat-sticks, whips, riding-crops and parts thereof; prepared
feathers and articles made therewith; artificial flowers;
articles of human hair
XIII 68 to 70 Articles of stone, plaster, cement, asbestos, mica or similar
materials; ceramic products; glass and glassware
XIV 71 Natural or cultured pearls, precious or semi-precious stones,
precious metals, metals clad with precious metal and articles
thereof; imitation jewellery; coins
XV 72 to 83 Base metals and articles of base metal
XVI 84 to 85 Machinery and mechanical appliances; electrical equipment;
parts thereof, sound recorders and reproducers, television
image and sound recorders and reproducers, and parts and
accessories of such articles
XVII 86 to 89 Vehicles, aircraft, vessels and associated transport equipment
XVIII 90 to 92 Optical, photographic, cinematographic, measuring, checking,
precision, medical or surgical instruments and apparatus;
clocks and watches; musical instruments; parts and
accessories thereof
XIX 93 Arms and ammunition; parts and accessories thereof
XX 94 to 96 Miscellaneous manufactured articles
XXI 97 to 98 Works of art, collectors' pieces and antiques
65
65
https://myanmartradeportal.gov.mm/en/commodity-search/list-all.
29
The Myanmar Customs Tariff 2017 has based on the amendments of WCO’s
H.S 2017 and combined with the ASEAN Harmonized Tariff Nomenclature 2017.
H.S codes are harmonized at 6th digit level for all World Customs Organization
(WCO) member countries and at 8th digit level in all ASEAN member countries. The
Myanmar Customs Tariff 2017 has ten digits which comprise the addition of two
digits for statistical purpose to the AHTN 8th digits.
1.4 International and Regional Regulations for Product Safety
International Regulations for Product Safety
The United Nations Guidelines for Consumer Protection, 2015 recognize
consumers’ right of access to non-hazardous products. Member States should, as
appropriate, formulate or promote the elaboration and implementation of standards,
voluntary and other, at the national and international levels for the safety and quality
of goods and services and give them appropriate publicity. National standards and
regulations for product safety and quality should be reviewed from time to time in
order to ensure that they conform, where possible, to generally accepted international
standards.66
In 2020, the Organization for Economic Co-operation and Development
(OECD) adopted the Recommendation on Consumer Product Safety which outlines
the key elements that should be at the core of consumer product safety frameworks at
domestic and international levels. Especially, it calls for frameworks that: provide for
a consumer right to safe products and rapid alerts when unsafe products are on the
market or are the subject of a ban or a recall.67
Article II of Consumer Product Safety Policy Frameworks of OECD
recommends that Adherents work with businesses and consumer representatives and
other civil society organizations (hereafter “other stakeholders”) in a transparent and
inclusive manner, to promote and implement, at domestic and international levels,
effective policy frameworks relating to consumer product safety.
To that effect, in their frameworks, Adherents should
1. Include measures in order that businesses:
(a) Place safe products on the market and consider and manage risks to the safety of
such products throughout their lifetime, in particular at the design, manufacture,
distribution, use and disposal stages;
66
Article 33, the United Nations Guidelines for Consumer Protection, 2015.
67
OECD, Recommendation on Consumer Product Safety, 2020.
30
(b) Do not supply to consumers unsafe products that pose an unreasonable risk to the
health or safety of consumers in reasonably normal or foreseeable use or misuse;
(c) Implement, without delay, appropriate corrective measures (including product
withdrawals and recalls), and take all the necessary steps to notify the relevant
government bodies and consumers in instances where businesses should have
known, or where they become aware, that the products they placed on the market
are unsafe.
2. Establish and maintain government bodies that have the authority and power to
investigate and take action to protect consumers from unsafe products, including
requiring businesses to withdraw, recall or adopt any other appropriate corrective
measures against unsafe products, and to issue market withdrawal and recall notices.
Such government bodies should have the resources and technical expertise to exercise
their power appropriately and effectively. In addition, policy frameworks should be
reviewed, when needed, to ensure they remain effective.
3. Provide government bodies with powers to make public final product safety
decisions affecting businesses and, where possible, any final measures or
commitments given by businesses.
4. Consider, where appropriate, establishing an alert system at domestic level to
enable government bodies to identify and swiftly exchange information about unsafe
products including, where possible, with their foreign counterparts.
8. Include measures in order that businesses:
(a) Inform consumers about ways to report consumer product safety problems, as
appropriate;
(b) Provide consumers, via appropriate communication channels;
(c) Make available all safety-related information necessary for consumers.
10. Encourage businesses to systematically take safety into account in the design,
quality assurance, production and supply of consumer products, including in risk
assessment and risk management, and to consider how they might need to respond if a
product is found to be unsafe before or after it is placed on the market.
Article 2 (2) of Directive 2001/95/EC of the European Parliament and of the
Council on general product safety, 2001 provided that a product shall be deemed safe,
as far as the aspects covered by the relevant national legislation are concerned, when,
in the absence of specific Community provisions governing the safety of the product
in question, it conforms to the specific rules of national law of the Member State in
31
whose territory the product is marketed, such rules being drawn up in conformity with
the Treaty, and in particular Articles 28 and 30 thereof, and laying down the health
and safety requirements which the product must satisfy in order to be marketed.
Regional Regulations for Product Safety
Myanmar
The Myanmar Constitution indirectly implies consumer protection because
Section 28(a) of Constitution of the Republic of the Union of Myanmar (2008)
provided that the Union shall earnestly strive to improve education and health of the
people. In principle, the Union shall earnestly strive to improve the health of the
people. The State will take care of citizens health and enact laws accordingly if
necessary. The main general law concerned with product safety is the Consumer
Protection Law (2014) was repleaded by the Consumer Protection Law (2019).
The following are additional laws directly or indirectly related to product
safety in Myanmar:
Persons who fraudulently use false instruments for weighing, or possess and
sell false weight and measurement instruments shall be punished with one year
imprisonment under Sections 264 to 267 of the Penal Code. Any person who
contaminates food or drink intended for sale, or sells noxious food or drink shall be
liable for six months imprisonment or a fine under Sections 272 and 273 of the Penal
Code. Criminal liability also arises under the Penal Code for persons using or selling
products with false or counterfeit trademarks and for making or possessing any
instrument used to produce counterfeit trademarks. Penalties range from one to three
years imprisonment under Sections 482, 483, 485 and 486 of the Penal Code.
For general claims for unsafe goods against manufacturers and others not
direct contractual relationships, consumers must sue in regular courts for negligence
based on tort law derived originally from English law. Otherwise, the Contract Act
can impact indirectly on it because contracts are the first instrument used to run
business activities.
If the clauses concerning the activities of manufacturers are broken by one of
parties, he or she must compensate to the party who suffers loss or damage as a result
of such breach. The Contract Act, 1872 provided for contractual relationships
between two or more parties, individuals, companies or governments. It deals with all
aspects of contracts such as formation, performance, indemnities and guarantees,
bailment and agency. Offer, acceptance, promise and consideration are the elements
32
required in order to form a contract in Myanmar. When a proposal is accepted, it

becomes a promise.68
In general, all agreements are contracts if they are made by the free consent of
parties competent to contract for lawful consideration and with a lawful object.
According to the Contract Act, every promise and every set of promises forming the
consideration for each other is an agreement. Thus, all agreements are contracts if
they are made by the free consent of parties competent to contract, for lawful
consideration and with a lawful object, and are not thereby expressly declared to be
void. When a contract has been breached, the party who suffers loss or damage as a
result of such breach is entitled to receive from the breaching party compensation.
According to the Contract Act, when a contract has been broken, the party who
suffers by such breach is entitled to receive, from the party who has broken the
contract, compensation for any loss or damage caused to him thereby, which naturally
arose in the usual course of things from such breach, or which the parties knew, when
they made the contract, to be likely to result from its breach.69
In accordance with the Consumer Protection Law (2019), consumers are
protected not only through criminal actions but also by civil actions relating to the
defective goods. The consumer may sue for specified harms under civil law alongside
criminal actions for defective products. In accordance with the Consumer Protection
Law 2019, entrepreneurs are responsible for the liability of goods or services they
provided when consumers suffer from great loss or damages due to the consumption
of goods or services. For instance, there are many prohibitions on misleading and
deceptive advertisement and incorrect statements on product quality.
According to Section 41(b) and (g) of this Law, entrepreneurs need to provide
labelling descriptions for goods including name, size, quantity and net amount, usage
instruction, storage guidelines, side effects, allergens and precautions either in
Burmese or its combination with other languages. Anyone who violates these
provisions will receive a penalty in form of imprisonment, fines, or both.70
Under Consumer Protection Law (2019), the relevant Office may pass one or
more of the following administrative orders to any entrepreneur who fails to comply
68
69
70
Section 41(b) and (g), the Consumer Protection Law, 2019.
33
with the duties of the entrepreneur under Section 21 or fails to provide the rights
claimed by the consumer under Sections 24, 25, and 27:
(a) warning;
(b) ordering to remedy;
(c) ordering to provide substitute;
(d) ordering to refund the value of damage.71
The Committee may pass one or more of the following administrative orders
to any entrepreneur who violates any provision of this Law except the provisions of
Sections 21, 24, 25, 27and the prohibitions in Chapter XXIII:
(a) ordering to provide the prescribed compensation for damage;
(b) imposing a fine;
(c) prohibiting the sale of the disputing goods or services for a limited period;
(d)coordinating with the relevant government department to revoke the
business licence temporarily or permanently.72
The Department of Consumer Affairs will coordinate with the relevant
ministries to recall of goods; destruction of goods; and the revocation of a licence
temporarily or permanently.
Thailand
Although there are no recent significant trends and developments in relation to
product liability and safety issues in Thailand (including in terms of changes to the
applicable laws and Supreme Court decisions which may be used as new legal
precedents), the Thai public appears to be more generally aware of product liability
and safety issues, especially in terms of the rights and protections they may have
under the law where a product liability or safety issue arises. 73 For product safety,
Section 29/1 of the 4th amendment of the Consumer Protection Act,1998 empowers
the Office of the Consumer Board (OCPB) to establish the Committee on Product
Safety. The Committee has the authority to demand the entrepreneur to conduct
testing on any goods which it suspects may be harmful to consumers and, if
appropriate, to prohibit the sale of any goods. Therefore, indirectly, the CPA allows
for the quality control of thousands of products throughout Thailand.
71
Section 52, the Consumer Protection Law, 2019.
72
Section 53, the Consumer Protection Law, 2019.
73
Rod Freeman & Cooley LLP, Product Liability & Safety 2022, Chambers and Partners, 2022.
34
Other than the CPA, there are also important specific product safety laws in
Thailand which are directly related to the daily lives of consumers as follows:
The Drug Act 1967, whose purpose is to control the production of drugs, the
sale of drugs and the import of drugs for sale in Thailand, and to provide regulations
on pharmacists who are responsible for the sale of dangerous drugs.
The Food Act 1979, which aims at promoting consumer safety through
controlling the quality and standards of foods as well as their packaging.
The Product Liability Act which came into force in 2009 aims to protect
consumers who incur damage from defective or dangerous products, by imposing
strict liability on business operators involved in the manufacturing and/or sale of the
products. It addresses manufacturing defects, design defects, and warning defects (or
failure to warn). The Act imposes a strict liability standard.74
The Unsafe Product Liability Act B.E. 2551 (2008) provides an additional
civil remedy to consumers who incur harm from defective products by imposing strict
liability on business operators involved in the manufacture or sale of the products.
This civil remedy is in addition to tort or contract claims. 75 The Direct Sales and
Direct Marketing Act B.E. 2545 (2002) is intended to regulate both direct sales and
direct marketing transactions.
Unlike many other countries, Thailand has not established special consumer
claims courts or small claims courts or even small claims procedures. It chose to enact
The Consumer Case Procedure Act B.E. 2551 (2009) to specify the manner in which
all consumer cases are to be handled by the courts. The Consumer Case Procedure
Act B.E. 2551 (2009) is primarily a procedural law designed to facilitate civil actions
by consumer claimants. The Act simplified the exercise of consumer claims by
changing certain rules of the Civil Procedure Code. 76 The Unfair Contract Terms Act
B.E. 2540 (UCTA 1997) was promulgated to provide Thai courts with guidelines to
judge the fairness of contracts that seek to restrict or exclude liability. An unfair
contract is defined as one that grants an unreasonably excessive advantage to one
party. Such a contract is enforceable only insofar as it is fair and reasonable.
74
The ASEAN Secretariat, Handbook on ASEAN Consumer Protection Laws and Regulations, 2 nd
edition,2021, p-60.
75
Thanitcul, S. Thailand. L. Nottage & S. Thanitcul (Eds.), ASEAN product liability and consumer
product safety law , Bangkok: Winyuchon Publication House, 2016, pp. 250 to 251.
76
UNCTAD, Voluntary peer review of consumer protection law and policy: THAILAND, United
Nations, 2022, p-16.
35
The Act Governing Prices of Goods and Services B.E. 2542 (1999) applies to
all business activities in Thailand apart from those of central, provincial, and local
agencies and certain activities exempted by ministerial regulations. The Act applies
primarily to goods or services declared from time to time to be classified as
“controlled”.77 In addition, the Act covers all “unfair pricing” of products and services
and related conduct.78
Thailand has enacted several laws designed to facilitate e-commerce and
create confidence in local e-marketers. The Electronic Transactions Act B.E. 2544
(2001) is the principal law for these purposes. It sets out the legal framework for the
validity of electronic signatures and electronic transactions. The Act includes a mix of
provisions from several international models and key sections follow the UNCITRAL
Model Law on Electronic Commerce.79
China does not have a single, codified product safety law. Manufacturers and
sellers of products and other stakeholders in this area must follow legal requirements
as set out in various laws and regulations, including the General Principles of the
Civil Law, the Law on Protection of the Rights and Interests of Consumers, the
Criminal Law, and laws on the Administration of Pharmaceuticals and on Product
Quality. China issued important legislation on food and product safety in the past
several years, including the Law on the Quality and Safety of Agricultural Products in
2006; several sector-specific regulations covering the recall of vehicles, toys, food,
and drugs in 2007; and the Food Safety Law and its implementing rules in 2009,
which represented a milestone in the formation of China’s product safety regime.
These laws and regulations responded to the public’s rising concern about product
safety in China. The PRC National People’s Congress and the State Council have
assigned various agencies specific tasks in the regulation and supervision of product
quality and safety, although there is some overlap. Central and local-level
Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) offices
oversee and regulate the quality and safety of products manufactured in China and
products imported into China. The State Administration for Industry and Commerce
and its local offices oversee quality and safety issues of all products. Other relevant
authorities have the power to supervise product safety in their own industrial sectors.
77
Section 24, Price of Goods and Services Act B.E. 2542 of Thailand, 1999.
78
Section 25, Price of Goods and Services Act B.E. 2542 of Thailand, 1999.
79
National Electronics and Computer Technology Centre. (n.d.).
36
For example, the Ministry of Agriculture handles agricultural product safety, the
Ministry of Health is in charge of food safety, and the State Food and Drug
Administration manages food and drug safety. Under PRC law, manufacturers must
abide by compulsory state and industrial product safety standards with respect to
food, drugs, agricultural products, food containers and processors (such as boilers and
pressure vessels), and other relevant products. Manufacturers are liable for any
personal injuries or property damage caused by product defects. Entities must obtain a
government permit to produce or distribute certain regulated products such as
vehicles, food, and drugs.80
Failure to comply with PRC product safety requirements may give rise to
civil, administrative, and criminal liabilities. Civil liability Under PRC law, if a
product causes personal injury or property damage, the manufacturer must
compensate any loss suffered by the aggrieved party. In addition, manufacturers
assume strict legal liability under PRC law, which means that they will be liable
regardless of whether there are any defaults on their part, as long as a causal link can
be established. Distributors are subject to a lesser liability standard than
manufacturers, however. Under PRC law, distributors are liable only if the product
defects are the fault of the distributors. Administrative liability Manufacturers and
distributors that fail to comply with product safety requirements face administrative
liabilities. The relevant government authorities may impose administrative sanctions
on the manufacturers and distributors, including by requesting rectification of defect,
imposing fines, ceasing the operation, and revoking the business license. If the
products are found to have caused death, serious personal injury, or serious property
damage, the responsible manufacturers and distributors may be exposed to criminal
liability. The responsible management personnel of the manufacturers or distributors
may also be criminally liable.81
1.5 Responsibilities of the Consumer, Entrepreneur and Government
In International practice, there are eight kinds of consumer rights are right to
basic needs, right to safety, right to information, right to choose, right to
representation, right to redress, right to consumer education, and right to healthy
environment. The right to safety is one of important rights and which means to be
protected against products, production processes and services which are hazardous to
80
Barbara Li, Overview of China’s Product Safety Regime, China Business Review, 2010.
81
https://www.chinabusinessreview.com/overview-of-chinas-product-safety-regime/.
37
health or life. A general product safety requirement in consumer protection laws

provides for the responsibility of producers to supply a safe product, usually one that
is ‘reasonably’ safe. It does not mean that the producer is expected to supply a product
that is free from all risk the expectation is that the product is either free of any risk or
minimum risk.
According to Article 2 of United Nations guidelines for consumer protection,
Member States of UN need to adopt consumer protection policies include the laws,
regulations, rules, frameworks, procedures, decisions, mechanisms and programmes.
In Myanmar, the Consumer Protection Law 2014 was replaced by the
Consumer Protection Law 2019. In Myanmar, according to 19 (b) of this 2019 Law,
the consumers have the right to use goods or services safely. To be used safety
products, there are three main persons have responsible such as inspectors from
relevant ministries depend upon the products to inspect the products, entrepreneur and
consumer.
As consumers, when they purchasing goods and services according to their
needs, need to get safety products and be satisfied. They must have purchasing and
consumption knowledge about products because they facing with some of the
problems such as the prices gap in buying, selling mixed items, dropping lack of
quality, incorrect information, conducting trade practices, non-compliance with the
standard and so on. They should well know to complaint upon unsatisfied matters for
product safety. The duties of the consumer are complying with the information and
guidelines regarding goods or services; paying the agreed price in purchasing the
goods or services; avoiding the false accusation and act intended to the detriment of
entrepreneurs; avoiding the false statement in the form of saying, writing and acting in
order to cause the detriment of relevant entrepreneurs by means of the social media or
by other means while settling the consumer dispute.82
Entrepreneur means an individual person or organization conducting
production, distribution, storage, transportation, sale, processing, exportation,
importation, resale of goods, or supply of goods, or providing services or
advertisement.83 The duties of entrepreneur are providing the simple and correct
information regarding the guarantee and requirements of goods or services; treating
consumers honestly and properly without discrimination; acting the business honestly
82
Section 20 (d), the Consumer Protection Law of Myanmar, 2019.
83
Section 2 (c), ibid.
38
and properly in accordance with the business ethics and regulations; guaranteeing
goods or services for trading or manufacturing based on the quality and
standardization stipulated by the relevant government departments and government
organizations; providing the opportunity to test on goods for consumers which is
required to test quality before purchase; expressing the additional costs of goods or
services to be known by the consumer before purchase; avoiding the direct or indirect
selling goods or services that are likely to cause damage or loss to consumers; taking
responsibility for goods or services that are inconsistent with the guarantee; avoiding
threatening, false statements in the form of saying, writing and acting in order to the
detriment of consumers by means of the social media or by other means while settling
the consumer dispute; notifying timely to the Department and consumers by means of
the social media or by other means if he knows the hazard of the produced goods or
services by himself or by any other way; complying with the settlement and decision
made by the relevant Committee if the disputes related to goods or services arise. 84
Under Section 23 of the Consumer Protection Law, 2019, the entrepreneur shall cause
to include the following facts in the guarantees of goods:
(a) having the quality that can be accepted and used by the consumer;
(b) correcting the quality, measure and weight of goods;
(c) safety;
(d) suitability for the need of consumers;
(e) the same goods as the sample represented;
(f) availability of spares part, repair or replacement during the guaranteed period or
the period that can be used;
(g) conforming with the information on labelling and the description in advertisement,
offering or promotion.
If the subject of the matter or a problem has arisen, it is necessary to investigate. If
you want to prevent the problems that will occur in advance, you need to investigate
in advance. An "Inspector" is usually appointed wherever there is a need to
investigate. An "Inspector" is appointed in the General Administration Department, as
well as in the Myanmar Police Force. Liquor Inspector is appointed in the Food and
Drug Administration, the Department of Agriculture has appointed "investigators" to
inspect fertilizers and pesticides, etc. For consumers, the "inspector" is mainly the
person responsible for Market Surveillance. In the first part, the inspector investigates
84
Section 21 (a) to (k), the Consumer Protection Law of Myanmar, 2019
39
the complaint. The Department of Consumer Affairs is under the Ministry of

Commerce and resolves complaints made by consumers about damage caused by
using goods (or services) in accordance with the Consumer Protection Law. In the
process of solving such complaints, conducting quantitative information and
inspections related to the complaint. The inspection officer can carry out the
investigation work on the information learned from the complaint and the monitoring
work on whether or not the actions are ordered under the consumer protection law. As
the second part, the inspection officer can monitor and inspect the goods and services
in the market. In the monitoring of products in the market, both imported goods and
domestically produced goods must be checked for possible hazards before they enter
the market, as well as when they arrive in the post market, whether there is a risk or
not.85
Inspector means a person who is assigned as an inspector by the Department
of Consumer Affairs for consumer protection 86 and who is responsible for
investigating the complaints or monitoring the goods or services that are suspected to
be hazardous and conducting inspection on them in order to disappear from the
market.87 The functions the inspector are monitoring the domestic or imported goods
before or after they are available in the market whether they are hazardous; 88
monitoring whether the facts to be expressed in labelling; monitoring whether the
goods or services are suitable for consumption or use, and whether they are
hazardous; inspecting whether the information of finding the suspected hazardous
goods or services are valid; monitoring whether actions taken by the relevant Office
and Committee are complied with; and monitoring any prohibition contained in this
Law not to be violated.89
The duties of the inspector are submitting the findings of investigation to the
relevant Office; investigating the complaints about the goods or services, and
submitting the findings of such investigation to the relevant Office; submitting the
report on the goods that are considered as hazardous goods to the relevant Office in
order to send them to the relevant government’s laboratories and international
recognized laboratories to be tested whether there is deviation from standardization;
85
Dr.Tha Ra Phi Tun, Assistant Director (Department of Consumer Affairs, Yangon), Commerce
Journal -Vol 22, 2022,p-24.
86
Section 2 (t), the Consumer Protection Law of Myanmar, 2019.
87
Section 14, ibid.
88
Section 15 (a), ibid.
89
Section (b) to (f), the Consumer Protection Law of Myanmar, 2019.
40
submitting the report on the goods or services that are considered as hazardous goods
or service to the relevant Office not to be distributed or operated continually within
the investigation period and performing the functions and duties assigned by the
Department or the relevant Office from time to time.90
But also other relevant Ministries directly appointed inspector to inspect the
product in accordance with their Administrative Law. The Ministry of Health shall
assign responsibility' as Food Inspectors by the National Food Law91 and the Food
Inspector shall submit his finding on inspection to the relevant Township Food and
Drug Supervisory Committee.92
Chief Inspector means the person appointed by the Ministry with the approval
of the Union Government to exercise the duties and powers of the Electricity Law. 93
The duties of the Chief Inspector are carrying out safety from electricity hazards and
inspection of the quality of electrical equipment; educating to the permit holders the
terms and conditions contained in the agreements concluded between the Union
Government and the international organizations, and regional organizations and
carrying out to be complied; assigning duty to the inspectors who are not carrying out
in any electrical business for a commercial purpose to carry out inspection of
electrical business and electrical equipment in any area; issuing or withdrawal of
electrical professional certificate, certificate of electrical equipment quality inspection
and certificate of electrical safety after inspecting in accord with the stipulations;
issuing certificate of registration of electric power generation and distribution in
accord with stipulations; examining the responsible persons and necessary witnesses
in respect of the event of occurrence of electricity hazards and carrying out other
inspection duties as assigned by the Ministry and the Commission.94
Inspector means the person to whom duties have been assigned by the
Managing Director in order to investigate such matters as to whether the method of
use of pesticide is correct or not whether the use of the pesticide is free from hazard or
not, whether or not the percentage of active ingredient in the pesticide as declared is
of full potency in conformity with the provisions of the Pesticide Law .95
90
Section (a) to (k), the Consumer Protection Law of Myanmar, 2019.
91
Section 19, the National Food Law of Myanmar, 1997.
92
Section 20(a), ibid.
93
Section 2 (z)(ee), the Electricity Law of Myanmar, 2014.
94
Section 32(a) to (g), the Consumer Protection Law of Myanmar, 2019.
95
Section 2(l), the Pesticide Law of Myanmar,1990.
41
The Inspector shall perform the following duties;96-

(a) inspecting handling of pesticide and the enterprises dealing in the sale of pesticide
in the region assigned to him or in specified region where duties are assigned;
(b) taking action in accordance with the procedures against offender violating any
prohibition contained in this Law;
(c) administering in accordance with the procedures as regards pesticides and exhibits
seized in taking action under sub-section (b);
(d) administering according to procedures so that the containers, wrappers and
packages of pesticide may not be used again;
(e) to carry out the duties given by the Township Managers from time to time.
In Thailand, the Consumer Protection Act 2019, strengthens the law relating
to the safety of products and services. The act ensures that the consumer is better
protected by in part imposing more penalties on business operators who fail to comply
with the requirements. It is therefore important for business operators to understand
the requirements of the new act.97
The entrepreneur must not produce, order, or import into the Kingdom to sell
for sale goods that are dangerous, and must not recommend or advertise said goods. 98
The entrepreneur who is a seller or who buys to for resell goods or who buys the
goods to be used in services, which are goods or services according to Section 29/4,
must set up the following measures in order to prevent or eliminate the risk
concerning the goods on sale or the goods being used in services. (1) Disclosing to the
buyer or the consumer information concerning the risk of the goods sold or being put
into services that the entrepreneur received from the producer, importer, seller, or
reseller including information or documents in the possession of the entrepreneur. (2)
Keeping document necessary for tracking the origin of the goods that were sold or
being put into services, such as names and details of the producer, importer, seller, or
reseller of said goods that were sold or being put into services. and Said documents
must be presented to the Board, concerning safety per its request. The entrepreneur
according to Paragraph 1 must cooperate with the producer, importer, seller, and
officials to prevent or eliminate the risk concerning the goods sold or being put into
services.99
96
Section 27, ibid.
97
https://www.inhousecommunity.com/article/amendment-consumer-protection-act/.
98
Section 29/3, Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
99
42
In the case where the entrepreneur of goods or services under Section 29/4 and
Section 29/5 has a reasonable cause to suspect that the goods or services could be
dangerous, said entrepreneur may alert the producer, the importer, the seller, the
reseller, or the service provider as well as advertiser, consumers, and the general
public.100
In the case where the entrepreneur found or is informed according to Section
29/6 Paragraph 2 that the goods or services that they produce, import, sell, or possess
for sale or provide service are dangerous goods or services, the entrepreneur must
operate to prevent or eliminate the danger of said goods or services, such as adjust or
improve the goods or services, change the goods or the methods of providing the
services, recall and compensate for the goods, remove the goods from the market or
discontinue the services and report the results of the operation in letters to the Office
of the Consumer Protection Board without delay, but not exceeding five days since
the first day of operation, along with the details concerning the goods and services,
the characteristics of the danger, and the measures that the entrepreneur has
implemented to prevent the danger. The Board, concerning safety, may announce
rules and modality of operation according to Paragraph 1.101
The Cosmetic Committee shall have duty (1) to submit to the Minister its
opinions on performance under Section 5, Section 27, or Section 35; (2) to provide
advice or opinion on registration and revocation of the register of specially controlled
cosmetics, except the case pursuant to Section 23 paragraph three; (3) to provide to
the Minister advice or counsel on matters pertaining to cosmetics; (4) to perform other
duty required by law.102
The person who manufactures or imports cosmetics for sale must manufacture
or import only specially controlled cosmetics as registered. The person who
manufactures specially controlled cosmetics for sale must manufacture and have a
place of manufacture and instruments and tools for use in manufacture in accordance
with the criteria and procedure prescribed in the ministerial regulation. Every time
specially controlled cosmetics are imported, documents supporting importation in
accordance with the criteria and procedure prescribed in the ministerial regulation
must be made available and, upon release by the customs authorities or competent
100
101
102
Section 5, Cosmetics Act B.E. 2535 (1992) of Thailand.
43
official concerned, shall be forwarded to the Food and Drug Administration without
delay.103
In People's Republic of China, the Consumer Law originally referring to the
General Provisions, Consumer Rights, Duties of Business Operators, State Protection
of Consumers’ Rights and Legitimate Interests, Consumers’ Organizations, Dispute
Resolution, the Legal Responsibility and Supplementary Provisions.
Proprietors shall ensure that their provided goods or services meet the
requirements for the safety of persons and property. For goods and services which
may endanger the safety of persons or property, proprietors shall provide consumers
with truthful explanations and clear warnings, and explain and indicating the correct
methods for using goods or for receiving services as well as methods for preventing
damage. Proprietors in hotels, shopping centers, restaurants, banks, airports, stations,
ports, theaters, and other such business premises shall fulfill their obligations to
guarantee the safety of consumers as much as possible.104
Where proprietors discover defects which may endanger the safety of persons
or property in their goods or services they provided, they shall immediately report this
to the relevant administrative departments and inform consumers; and also take
measures such as stopping sales, issuing warnings, making a recall, eliminating the
harm, destroying (the goods), or stopping production or stopping service. If the a
recall measure is taken, proprietors shall reimburse consumers for expenses
necessarily incurred in the recall of goods.105
Article 20 of the People's Republic of China Law on Protection of the Rights
and Interests of Consumers (2014), proprietors shall provide consumers with true and
complete information on traits such as the quality, performance, use, and duration of
goods or services; and must not conduct any false or misleading publicity. Proprietors
shall provide truthful and clear answers to questions from consumers regarding the
quality and usage of their goods or services they provided. Proprietors shall clearly
mark the prices of goods or services they provide.
Article 23 of the People's Republic of China Law on Protection of the Rights
and Interests of Consumers (2014), Proprietors shall guarantee the quality,
103
Section 22, Cosmetics Act B.E. 2535 (1992) of Thailand.
104
Article 18, the People's Republic of China Law on Protection of the Rights and Interests of
Consumers, 2014.
105
Article 19, the People's Republic of China Law on Protection of the Rights and Interests of
Consumers, 2014.
44
performance, use, and effective period for goods or services they provided in
circumstances of their normal use or receipt, except where consumers knew of
existing defects before purchasing the goods or receiving the services and the
existence of the defects does not violate the mandatory legal provisions.
Article 3 the Law of the People’s Republic of China on Product Quality
(2000), producers and sellers shall establish and improve their internal system for
product quality control, and strictly apply the quality standards for jobs, the quality
responsibility system and the related check measures.
Article 7 of this Law provided that people’s governments at various levels
shall incorporate the improvement of product quality into their plans for national
economic and social development, improve their overall planning, organization and
leadership in respect of product quality, provide guidance to producers and sellers and
urge them to tighten control over product quality and improve product quality, ensure
that the government departments concerned will, in accordance with law, take
measures to stop any violations of this Law committed in the process of manufacture
and sale of products, and guarantee that this Law is implemented.
Under Article 8 of the Law of the People’s Republic of China on Product
Quality (2000), the department for supervision over product quality under the State
Council shall be responsible for supervision over product quality throughout the
country. The relevant departments under the State Council shall be responsible for
supervision over product quality within the scope of their respective functions and
responsibilities.
Local departments for supervision over product quality at or above the county
level shall be in charge of supervision over product quality within their respective
administrative regions. The relevant departments in the local people’s governments at
or above the county level shall be responsible for supervision over product quality
within the scope of their respective functions and responsibilities.
Where laws provide otherwise with respect to departments for supervision
over product quality, the provisions of such laws shall apply.
The above-mentioned parties are responsible persons for product safety. And
another important one is third-party inspections which are made by an independent
company, usually hired by the buyer, to ensure that all the products are up to the
needed quality standard and the manufacturing process itself meets the international
45
standards in term of quality management system (ISO 9001), social acceptable

practices (SA 8000) and environmental management (ISO 14000).
1.6 Product Safety Mechanism in Various Market
Products can be sold by different kind of marketing such as direct selling,
online marketing and post marketing. Before the product arrive to market, these can
be traded by informal and formal trading through borders. To control the illegal
border States concluded Bilateral Agreements between each other’s.
There is one kinds of selling is direct selling which is not post market,
directing selling is one of the methods applied in offering services and goods. This
method is used to market products directly to consumers.106 Direct Selling Law has not
been approved in Myanmar but Thailand already enacted Direct Sale and Direct
Marketing Act, B.E. 2545 (2002) and also China already enacted the Regulations on
Direct Selling Administration (2005).
Generally, there are three kinds of product safety controlling and monitoring
systems for product safety in pre and post markets such as product safety management
system, market surveillance system and unsafe product recall and ban system. In
product safety management system, manufacture and authorities from related
departments are responsible persons for product safety, manufacture can inspect the
various attributes of a product and testing it to ensure that it meets pre-specified
standards such as pre-production inspection (PPI), first article inspection (FAI),
during production inspection (DPI), pre-shipment inspection (PSI) and container
loading inspection (CLI). Relevant authorities from related department can monitor
for product safety by licensing, standardization, labelling for each product, risk
assessment and awareness for consumer protection before post active market.
In market surveillance system, inspectors can be awarded by relevant
departments who are responsible for conducting risk assessments of products before
and after they are released in the market. Market surveillance inspectors are
accountable for the efficiency and effectiveness of their activities which shall be
performed in a non-discriminatory manner vis-à-vis locally manufactured as well as
imported products. No person shall export or import restricted, prohibited and banned
goods. Without obtaining license, no person shall export or import the specified goods
which is to obtain permission.107 Furthermore, they are tasked with investigating
106
Direct Selling – Its Types, Advantages and Disadvantages Article, Sampo Erna University, 2022.
107
Sections 5 and 6, The Export and Import Law of Myanmar, 2012.
46
whether businesses violate existing laws and regulations. Findings will be reported the
relevant head offices of Department of consumer Affairs in the States, Regions and
Union Territory for consumer protection under Consumer Protection Law (2019),
there is no more clause for market surveillance before 2019 Consumer Protection
Law. But in practice, the inspectors can monitor the domestic or imported goods in
post-market only in Myanmar.
In Thailand, the entrepreneur who produces, orders, or imports into the
Kingdom for sale goods that are controlled in labelling according to Section 30 and
other goods that the Board of safety has announced in the Government Gazette must
set up a measure to protect prevent or eliminate the risk concerning those goods. The
Board of safety may decree that any service that the entrepreneur must set up
measures to prevent or eliminate the risk concerning the services by announcing it in
the Government Gazette for product safety in pre and post-market. 108 The Minister of
Finance shall have the power to publish in the Government Gazette the Notification
specifying any port or place within the Kingdom through which goods may be
exported or imported under Export and Import of Goods Act, B.E 2522 (1979).109
In China, the Law of the People’s Republic of China on Product Quality
adopted in 2000, Article 1 of his Law is enacted to strengthen the supervision and
control over product quality, to improve product quality, to define the liability relating
thereto, to protect the legitimate rights and interests of consumers and to safeguard the
social and economic order. Anyone who manufactures or sells any product within the
territory of the People’s Republic of China shall abide by this Law for products
safety.110 Article 27 provided that Marks on the products or on the packages thereof
shall be authentic and meet with certificate showing that the product has passed
quality inspection; and (2) with name of the product, name and address of the
producer, all marked in Chinese for products safety. Interim Regulations on the
Administration of Consumer Product Recalls is affected in 2020. The Provisions of
this law are formulated in accordance with the "Law of the People's Republic of
China on the Protection of Consumer Rights and Interests" and other laws and
administrative regulations in order to standardize the recall of defective consumer
goods and protect human health and personal and property safety. 111 These Provisions
108
Section29/4, Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
109
Section 15, Export and Import of Goods Act, B.E 2522 of Thailand, 1979.
110
Article 2, the Law of the People’s Republic of China on Product Quality of China, 2000.
111
Article 1, Interim Regulations on the Administration of Consumer Product Recalls of China, 2020.
47
shall apply to the recall of defective consumer goods within the territory of the
People's Republic of China and their supervision and administration. Where laws,
administrative regulations, or departmental rules have other provisions on the
supervision and management departments for consumer goods or recall procedures. 112
Consumers or other victims who suffer personal injuries or property damage as a
result of defective commodities may demand compensation from the sellers or
producers. If the producers are at fault, the sellers may seek compensation from them
after making their own indemnities. If the sellers are at fault, the producers may have
recourse to similar action. Consumers may demand compensation from the service
providers if their legitimate rights and interests are hurt as a result of receiving
services.113 Article 2 of Regulations on Import and Export Duties of the People's
Republic of China, 1985 provided that all goods permitted to be imported into or
exported out of the People's Republic of China are subject to import or export duty to
be collected by the Customs according to "The Customs Import and Export Tariff of
the People's Republic of China" (hereinafter referred to as "Customs Import and
Export Tariff").
The products are sold in the market, e-commerce, direct selling as well as
many other methods. It is necessary to ensure product safety in various marketing. In
addition, manufacturers must ensure product safety before distributing products to the
various market. Supply chain management is one of important matter to enhance
products towards consumers and to receive their expected product and in the
anticipated quantity for consumer. Products must be safe and comply when they are
available for supply, or 'placed on the market'.
112
Article 2, Interim Regulations on the Administration of Consumer Product Recalls of China, 2020.
113
Article 35, Law of the People's Republic of China on Protecting Consumers' Rights and Interests,
1993.

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Chapter 1

Initiative of Product Safety

Year of Country or Statute Significant differences from the

enactment Jurisdiction the1985 European Directive

for toxic torts

Product Liability Law Reform

In addition to the above-mentioned laws, the Control of Smoking and

production (including design, manufacture, installation, alteration and repair)

The principle of "whoever invests, benefits" shall be applied with regard to

1.3 Classification of Products and Harmonized System of Products

Generally, products are classified into two types;

(iv) Unsought Products

(ii) Capital goods

classification. Depending on the particular service, they are either consumer or

required in order to form a contract in Myanmar. When a proposal is accepted, it

health or life. A general product safety requirement in consumer protection laws

the complaint. The Department of Consumer Affairs is under the Ministry of

The Inspector shall perform the following duties;96-

standards in term of quality management system (ISO 9001), social acceptable

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